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UK_Lawyer, Solicitor

Category: Immigration Law

Satisfied Customers: 2458

Experience: I am a qualified solicitor and an expert in UK law.

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I applied to extend my leave further as a Tier 1 (General)

Customer Question

I applied to extend my leave further as a Tier 1 (General) Migrant, However, my application was refused by reference to paragraph 245CA(c) and Appendix A of the Immigration Rules, HC395.

I was a genuine applicant but was a victim of poor advice and presentation from number of solicitors. At the time he applied his extension he provided all the documents to the OISC adviser but the adviser did not send bank statement as second source of income and instead sent out the employer letter and P60.

Later he realised the mistake and send the bank statements with a covering letter on 01/06/2013 by 1st class post. By the time case worker receive these statements, he refused the appliction on 04/06/2013. UKPIA exchanged couple of letters with the case worker and he was willing to review the case but wanted us to withdraw the appeal.

Once again I got a poor advice from another solicitor that if appeal was withdrew I would become illegal. The solicitor wrote the case worker that he should award the visa before we withdraw the appeal whereas case worker wanted other way round.

So I missed the opportunity and appeal was contested and refused at first tribunal. Another solicitor applied for the permission of appeal to First Tier Tribunal and Upper Tribunal on the legal point that appeal at first Tribunal should have been decided on Khatel case not the Raju but refused again"

Yes he did not accept the late submission of Bank statements as per Section 85A and also consider the Raju vs Secretary of States to determine the date of application. He was also not satisfied with the Evidentian flexibility Ploicy

In this case it seems very difficult for you to proceed with the matter further as both courts have refused your argument. It would be very difficult to pursue this at the high court as a judicial review as the judge is like to side with the two judges who have already made a decision.

In my opinion your only option now is to submit a fresh application to the home office for a tier 1 migrant visa asking the home office to exercise their discretion in granting your further leave to remain even though your visa has now expired. The fact is that although they have now stopped issuing tier 1 general migrant visas, because you have previously head the tier 1 visa, you should ask the home office to consider this and issue you with an extension, it would then be up to the home office whether they decide to issue you with a visa or not. But to prevent you from becoming an overstayer an application has to be submitted as soon as possible.

If you do not wish to submit an application under the same visa category , you can always apply under a tier 2 visa provided you have been issued with a Certificate of Sponsorship and work for your current employer again.

Due to the fact of what has occurred it has left you with very limited options. Your final option would be to retrun home and re apply for a visa from your home counrty. Whatever you decide to do I would suggest you do this as soon as possible.

I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

This is to find out if there were other reasons for refusal and not this the issues regarding bank statements. If there were other reasons then maybe the flexibility rules may have come in.

Regarding the tribunal refusal dated I wanted to know if you had a chance to apply for Judicial review and/or submit a new application if 28 days have not passed since you received your tribunal case. If 28 days had passed it would have been more difficult for you to get permission to remain in the UK.

Thank you for your reply. I do apologise for not reverting back to your earlier.

If you apply for a JR, then your current visa would not be extended and your 10 year leave will be broken, if however, you apply for a fresh application within 28 days then your 10 years will not be effected.

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